Kenyan case law

REPUBLIC V CHIEF MAGISTRATE, MOMBASA EXPARTE HIGHWAY CARRIERS LIMITED & ANOTHER [2012] KEHC 629 (KLR)

✦ The court quashed the Chief Magistrate's ruling and prohibited the court from enforcing it.

REUBEN NGOZI V REPUBLIC [2012] KEHC 421 (KLR)

✦ The conviction is quashed due to inconsistencies in the complainant's testimony and the lack of positive evidence of the Appellant's identity.

REPUBLIC V SAMUEL OMONDI GOMBE & 3 OTHERS [2012] KEHC 737 (KLR)

✦ The accused persons are released on a bond of Kshs. 1,500,000 with a surety of similar amount

OMAR KORIO ABDALLAH V REPUBLIC [2012] KEHC 851 (KLR)

✦ The court upheld the bail terms and did not allow the applicant to bring alternative sureties

REPUBLIC v THE CONSTITUENCY DEVELOPMENT FUND BOARD & another Exparte ROBERT ILTARAMATWA KOCHALE & 5 others [2012] KEHC 524 (KLR)

✦ The application is dismissed with costs.

RUBINA AHMED & 3 OTHERS V FIRST NATIONAL FINANCE BANK LIMITED [2012] KEHC 623 (KLR)

✦ The application is dismissed with respect to prayers 1 and 3, but the application is allowed to the extent that the Defendant herein shall be substituted with Guardian Bank Limited in terms of prayer 2 of the Motion.

AINU SHAMSI HAULIERS LTD V KENYA REVENUE AUTHORITY [2012] KEHC 372 (KLR)

✦ preliminary objections are dismissed with costs to the plaintiff

JOHANNA ZOUARI GEISSBULHER V VIOLI FEDERIGO & ANOTHER [2012] KEHC 462 (KLR)

✦ The application is dismissed. The plaintiff's advocate, Mr. Okuto, is not punished for contempt of court. The application to vacate the suit property is denied.

KIKWAI A. MAGERER V CHAIRMAN BOMET LDT & 2 OTHERS [2012] KEHC 795 (KLR)

✦ The court quashes the Bomet Land Disputes Tribunal's award and removes it from the court's judgment.

PROTEIN AND FRUITS PROCESSORS LTD & ANOTHER V DIAMOND TRUST BANK OFKENYA LTD [2012] KEHC 761 (KLR)

✦ The orders of dismissal of the appeal for want of prosecution are set aside and the appeal is reinstated.

BEATRICE KAMONYA & ANOTHER V ZHAO XIAO HU [2012] KEHC 184 (KLR)

✦ The court grants the application for leave to amend the pleadings.

KHALIF JARSO GWIY V MICHAEL JUMA GONDA [2012] KEHC 914 (KLR)

✦ The court granted the application to stay execution of the judgment and to grant leave to file an appeal out of time.

JAMES MWANG\'OMBE V REPUBLIC [2012] KEHC 890 (KLR)

PETER MWEMA MUNYAO V REPUBLIC [2012] KEHC 786 (KLR)

✦ The sentences for the two counts of stealing stock should run concurrently.

RISHAD HAMID V REPUBLIC [2012] KEHC 422 (KLR)

✦ The Appellant is convicted of threatening to kill and sentenced to a fine of Kshs.30,000/- in default to serve three (3) years imprisonment

MORRIS NJUGUNA MWIRIGI V ATTORNEY GENERAL [2012] KEHC 796 (KLR)

✦ The appeal is dismissed

OSCAR MUEMA MUTIE V JOSEPH M KISILIA [2012] KEHC 451 (KLR)

✦ The appeal is allowed, and the judgment entered by the subordinate court is set aside. The defendant is granted 14 days to file and serve a defence in the case in the subordinate court.

SAMWEL KIRWA BOEN V ATTORNEY GENERAL & ANOTHER (Environment & Land Case 734 of 2012) [2012] KEHC 460 (KLR) (27 November 2012)

✦ The application for injunction is dismissed.

SAMWEL K. RONO & 32 OTHERS V JOEL KOMEN & 32 OTHERS [2012] KEHC 455 (KLR)

✦ The application for injunction is allowed. The defendants are stopped from further acts of trespassing pending the hearing and final determination of the suit.

PETER MUSYOKA MUTINDA V REPUBLIC [2012] KEHC 888 (KLR)

✦ The appeal has no merit and is dismissed

REPUBLIC V PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD & ANOTHER EX PARTE GIBB AFRICA LTD & ANOTHER [2012] KEHC 381 (KLR)

✦ The application is dismissed with costs to the respondent and the interested party

ROBERT WAGACHA v NELLIE WAIRIMU MUNYUA [2012] KEHC 601 (KLR)

✦ The application to reinstate the dismissed appeal is dismissed with no order as to costs. The caution on the title is lifted to enable the Nyeri Land Appeal Committee's order to be executed.

NATHAN NYAMBU MAGHANGA V BENARD M. WANJALA & ANOTHER [2012] KEHC 534 (KLR)

✦ The appeal is dismissed with costs to the Respondents.

NZOMO MWANGANGI V MALII MUSAVA [2012] KEHC 461 (KLR)

✦ The appeal will succeed and the judgment of the subordinate court will be set aside. The costs of the appeal and the proceedings in the subordinate court will be awarded to the appellant.

MATANO KITSAO & 24 OTHERS V ALI MOHAMED ALI & 8 OTHERS [2012] KEHC 495 (KLR)

✦ The application for a temporary injunction is declined with costs, and the Plaintiffs are advised to prosecute the application for joinder of the new parties.